Act No 158 / 1969 Coll.
Law supplementing and amending the Civil Code of Judicial Procedure, the notarial Order and the Law on Private and Procedural International Law
Valid
Effective from 01.01.1970
158
THE LAW
of 18 December 1969
supplementing and amending civil law, notarial law and the Law on private and procedural international law
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
The provisions of the Civil Code (Act No. 99 / 1963 Coll.) are amended and supplemented as follows:
1. The words "in particular labour dispute proceedings with the arbitration body of the Revolutionary Trade Union Movement 'are deleted from the provisions of Paragraph 8.
2.
The regional courts shall be responsible for the proceedings at first instance. ';
3.
The Regional Courts shall rule on appeals against decisions of the District Courts and against decisions of the State notaries. '
4. In Paragraph 11 (3), the words "Supreme Court 'are replaced by the words" Supreme Court of the Czechoslovak Socialist Republic'.
5. Paragraph 12 (3) shall be supplemented by the following sentence: "If one of these courts is in the territory of the Czech Socialist Republic and the other is in the territory of the Slovak Socialist Republic, the command is decided by the Supreme Court of the Czechoslovak Socialist Republic."
6. Article 13 shall be deleted;
7. Article 16 (1) reads as follows:
"(1) If the judge is expelled, the superior court in the Senate will decide. The expulsion of judges of the Supreme Courts of the Republics and Supreme Court of the Czechoslovak Socialist Republic shall be decided by another Chamber of the same court. '
8. Paragraph 17 (1) is deleted and paragraph 2 is deleted.
9.
(1) In proceedings before a court, a decision shall be taken by the Chamber or by a single judge. All judges are equal in their decisions.
(2) In matters of employment, and unless the law provides otherwise, the Senate shall negotiate and decide in matters governed by the law on family. In other cases, the President of the Chamber shall act and act as the sole judge (self-judge). The President of the Chamber shall act and act as a single Judge in other cases where the law so provides. In all cases where the President of the Chamber acts and decides, the rights reserved to the Chamber shall lie with him.
(3) In cases where, under the law, the President of the Chamber may act and rule as a single judge, he may act and act as a single judge and other professional judges.
(4) Otherwise, the President of the Chamber or any other professional judge may only carry out such acts as may not be decided. '
(10) Paragraph 67 (2) shall be deleted and the designation of paragraph 1 shall be deleted.
11. Paragraph 82 (2) reads as follows:
"(2) Where proceedings have been brought before the Court of First Instance before the Commission for Labour Disputes, the proceedings before the Court shall also be opened on the date on which the case referred to it was brought before the Court. ';
12. In Paragraph 88 (g), the words "arbitration body 'shall be replaced by the words" labour dispute commission';
13. In Paragraph 105 (2), the words "the Supreme Court 'are replaced by the words" the Supreme Court of the Czechoslovak Socialist Republic'.
14. Paragraph 108 (2) is deleted and paragraph 1 is deleted.
15. In Paragraph 135 (1), the word "guilty 'is replaced by the word" offence'.
16. In Paragraph 230 (2), the following sentence is added:
"An application may be lodged after the expiry of that period if the criminal judgment under which the law has been granted in civil proceedings has later been annulled under criminal law. '
17. § 237 reads:
(1) The Prosecutor-General of the Czechoslovak Socialist Republic is entitled to the complaint, and the decision of the Supreme Court of the Republic, a regional or district court (state notaries) is also taken by the Prosecutor-General and the Minister of Justice of the Republic concerned. The complaint shall be dealt with by the Supreme Court of the Republic, if it is a decision of a regional or regional court (state notaries), and the Supreme Court of the Czechoslovak Socialist Republic, if it is a decision of the Supreme Court of the Republic.
(2) The complaint shall be dealt with by the competent court in the Chamber. "
18. Paragraph 245 (1) reads as follows:
"(1) The review of decisions of other institutions shall be the subject of:
(a) district courts, unless otherwise provided by law,
(b) regional courts, where the decision is taken in respect of pension and sickness insurance, or where it is provided for by law,
(c) the Supreme Courts of the Czech Socialist Republic and the Slovak Socialist Republic, if the decision of the central authorities of the Czech Socialist Republic or the Slovak Socialist Republic is reviewed,
(d) Supreme Court of the Czechoslovak Socialist Republic, if it is to review the decisions of the federal authorities of the Czechoslovak Socialist Republic. "
19. Paragraph 250 reads as follows:
(1) The decision of the court shall not be subject to any recovery of proceedings and, except in the cases referred to in paragraph 2, no appeal shall be admissible.
(2) In pension matters, an appeal may be brought against the decision of the Regional Court, which is decided by the Supreme Court of the Republic.
(3) An infringement complaint may be lodged against final decisions. '
20. in Article 274, the provisions of point (a) are deleted and in point (c), the words "arbitration bodies in labour disputes" are replaced by the words "labour disputes commission."
21. Paragraph 275 (2) reads as follows:
"(2) An application for enforcement shall always be lodged in court. '
The provisions of the notarial order (Act No. 95 / 1963 Coll.) are amended as follows:
1. the first sentence of Paragraph 10 (1) after the semicolon shall read:
"If state notaries are in the districts of various regional courts, the Supreme Court of the Republic will decide and state notaries in the districts of the Czech Socialist Republic and the Slovak Socialist Republic will decide."
2. In Paragraph 10 (3), the words "Supreme Court 'are replaced by the words" Supreme Court of the Czechoslovak Socialist Republic'.
3. In Paragraph 22 (3), the words "Supreme Court 'are replaced by the words" Supreme Court of the Republic'.
1. Property matters which have been brought before local folk courts, which were not decided on the date on which this law takes effect, shall be referred to the court, on its own motion, in the district of which there was a local folk court; in cases in which a local court has already been decided, the existing rules on appeal apply, but the district court is obliged to rule on the substance of the case.
2. The admissibility of the resumption of proceedings and complaints for infringement of the law in the case of final arbitration rulings shall be considered as a court decision.
3. The jurisdiction of the Supreme Courts of the Republics and Supreme Court of the Czechoslovak Socialist Republic under this Act shall be exercised by the Supreme Court until the date of the establishment of these courts. It shall act in the Chamber in such a composition as is prescribed for the court of which it acts.
4. If the Civil Procedure Rules refer to the Supreme Court, this means the Supreme Court of the Czechoslovak Socialist Republic, the Supreme Court of the Czech Socialist Republic or the Supreme Court of the Slovak Socialist Republic, depending on the nature of the case; when speaking of the Attorney General, this means, according to the nature of the case, the Prosecutor General of the Czechoslovak Socialist Republic, the Prosecutor General of the Czech Socialist Republic or the Prosecutor General of the Slovak Socialist Republic.
5. If the jurisdiction of the Supreme Courts of the Republics and Supreme Court of the Czechoslovak Socialist Republic is exercised by the present Supreme Court, its President may lodge a complaint for infringement of the law in matters which have ended with force before the entry into force of this Act.
6. Paragraph 365 shall apply mutatis mutandis to decisions of local folk courts and conciliation approved by them, and to decisions of arbitration bodies in labour matters and conciliation approved by them, issued before the entry into force of this Act.
This Act shall take effect on 1 January 1970.
Freedom v. r.
Dr. Hanes v. r.
Ing. Cernik v. r.
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Regulation Information
| Citation | Act No. 158 / 1969 Coll., supplementing and amending the Civil Code of Judicial Procedure, notarial Order and the Act on Private International Law and Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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